A hearing on whether Darrell Slape, a Eureka physical therapy business owner who was convicted of sexual battery in May, should receive a new trial is scheduled for today.

A motion requesting a new trial was submitted by Slape's attorney Duncan M. James on Sept. 5, after several short continuances were granted for a sentencing hearing.

Humboldt County Superior Court Judge Bruce Watson ordered that today's hearing be based on affidavits, according to Deputy District Attorney Christa McKimmy. An affidavit is a statement written under oath submitted to the court.

According to McKimmy, the defense filed a petition requesting a live hearing for the retrial. An appellate court may delay today's hearing, if that request is granted.

Prosecutors submitted opposition to the new trial on Tuesday.

"Defendant cites three bases in support of his motion for a new trial: that he was not mentally present, that he received ineffective counsel, and that there was insufficient evidence to support the defendant's claims," the court documents state.

The motion for a new trial states that Slape has trouble hearing.

"His hearing loss, combined with the acoustics in the courtroom, the tone of the Honorable W. Bruce Watson, and the softness of prosecutor Christa McKimmy's voice, combined creating an environment difficult for Defendant to hear clearly even with the headset," the motion reads.

The motion also claims that Slape's former attorney, who Slape replaced following the verdict, was unprepared for trial and acted without Slape's authorization on at least one occasion.

Prosecutors disagreed with the motion, according to court documents.

"This court, having presided over trial proceedings, is ideally situated to evaluate the defendant's claims, and the People are confident that the court will find none of the asserted bases sufficient to establish cause for granting a new trial," prosecutors wrote.

A Humboldt County jury found Slape, who owns Back In Action, Inc., guilty in May on charges related to two separate incidents going back to 2007. He was found guilty on one count each of sexual penetration and sexual battery by fraud on a victim known as "Jane Doe 1." Slape was found not guilty of one count of sexual battery by fraud on a second victim, "Jane Doe 2." He was found guilty of the lesser charge of battery.